Criminal Law
Attempt
Definition
Attempt is an inchoate crime requiring the specific intent to commit the target offense and a substantial step toward its completion that strongly corroborates criminal purpose. Mere preparation is insufficient — the defendant must go beyond planning and take action that demonstrates a firm resolution to commit the crime. Under the Model Penal Code, any act constituting a substantial step that is strongly corroborative of criminal purpose suffices. Factual impossibility is generally not a defense, while legal impossibility may be.
Example
A person purchases a gun, surveils a bank, and creates an escape plan, then drives to the bank but is arrested in the parking lot. This may constitute attempt if it is a substantial step beyond mere preparation.